Beach road, diamond beach ordinary meeting
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PLANNING PROPOSAL LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
8 Suitable tourist land uses on this site are:
Full range of tourist and visitor accommodation, including conference facility.
Backpackers accommodation.
Bed and breakfast accommodation.
Hotel accommodation.
Caravan park/holiday village.
Café or restaurant.
Amusement centre.
Recreation facility (indoor).
Recreation facility (outdoor).
Function centre. Ramada Resort provides an indication of the direction for future development of the eastern land parcels of this precinct. Other development forms would include 3-4 star motel accommodation and caravan parks. Serviced apartments are considered unlikely in this area. The recommendations of the investigation with regard to the proposed zonings on the subject land are shown in Figure 12.3 Site 3 Recommendations on page 60 of the report. Upon gazettal of Greater Taree LEP 2010, the only part of Site 3 that was included in the SP3 Tourist zone was the Ramada site. The subject land is included as a proposed Tourist Development Area in the Hallidays Point Development Strategy and endorsed as being suitable for zoning as SP3 Tourist zone in the 2007 Blueprint Investigation.
The “Investigation of a Proposed Tourist Zone Greater Taree LEP 2007” also addressed the issue of allowing some permanent residency in tourist facilities to assist in securing their viability during the low season and to assist employment security. In this regard the investigation found that: It is considered necessary to offer incentives to achieve investment in tourist development as a means to increase tourism growth and associated benefits to the local economy. These incentives include allowing a proportion of permanent residential accommodation within a zone that otherwise prohibits it. Bonus height provisions may also be feasible. Based on experience elsewhere (Tweed Council), the incentives may be in the form of permanent accommodation within a strata or community title “serviced apartments”, dispersed through community title detached buildings, or even tourist accommodation being provided in a strata title multi unit development and detached housing lots elsewhere on the land parcel. The timing of release of subdivision certificate for the dwelling house lots would be after the construction and commencement of operation of the tourist accommodation. To ensure that tourist and visitor accommodation is not used for permanent residential accommodation, it is recommended that requirements be specified in the SLEP requiring title restrictions and other specific measures to ensure accommodation units continue to be available for tourists and visitors. The appropriate proportion of allowable permanent accommodation that is sufficient to provide the required incentive to generate developer investment in tourist and visitor accommodation is difficult to determine. An absolute
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
9 maximum of 50% permanent is considered appropriate, with a percentage of between 20-30% permanent being a preferred ratio in most instances. In response to this issue GTLEP 2010 included provisions in Schedule 1 to allow 30% residential permanency of the gross floor area of development within the three (3) SP3 zones across the local government area, including the zoning of the Ramada land adjacent, to the north, of Lot 17. It is submitted that justification exists to allow the 30% residential permanency to be extended over the subject land by way of an addition to Schedule 1 of GT LEP 2010. Height of Buildings Council has approved a three storey 24-unit development on the nearby Ramada site (330/2009/DA) that has a height of 12 metres. This approval represents an acceptable height for buildings in the SP3 Tourist zone in this locality. Consequently, a 11.5 metre maximum height of building is sought. Is the Planning Proposal the best way to achieve the objectives or intended outcomes or is there a better way? The changing of the zoning and inclusion of a 30% residential permanency is considered the most appropriate way to achieve the intended outcomes and provide certainty for the existing and approved tourist facilities on the subject land.
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
10 Figure 5 – Hallidays Point Development Strategy Plan 2004
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
11 4.2 Section B – Relationship to Strategic Framework Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub- regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? The subject land was included as a proposed urban area with indicative high levels constraints over part of it in Map 8 of the former Mid North Coast Regional Strategy prepared by the former Department of Planning (now the Department of Planning and Environment). Mid North Coast Regional Strategy had the purpose to ensure that the projected housing and employment needs of the Region are catered for until 2031. A copy of Map 8 of the Regional Strategy is included as Figure 6 in this report. The changing of the zoning and inclusion of the 30% residential permanency is consistent with the Regional Strategy in that some permanent accommodation will enable urban growth within the existing, and approved developments on the subject land. The Mid North Coast Regional Strategy has now been superseded by the Hunter Regional Plan 2036. The Hunter Regional Plan 2036 sets out four goals for the Hunter Region as follows:
A biodiversity - rich natural environment
Thriving communities
Greater housing choice and jobs The site is located at Diamond Beach which is within the Hunter Region. Goal 1 Direction 6 of the Plan outlines actions to grow the economy of MidCoast and Port Stephens. Action 6.3 specifically states: "Enable economic diversity and new tourism opportunities that focus on reducing the impacts of the seasonal nature of tourism and its effect on local economics." This Planning Proposal is consistent with Action 6.3 in that it allows for tourist use of the land that will enhance the local economy and also proposes some permanent occupancy opportunity to reduce the impacts of the seasonal nature of tourism in the locality. Goal 1 Direction 9 of the plan outlines actions to grow tourism in the region. Action 9.2 specifically states:
The Planning Proposal is consistent with Action 9.2 in that it will encourage development in a natural area and will lead to the zoning of land to E2 Environmental Conservation. The Plan identifies that the new MidCoast Council will "have to capitalise on the opportunities provided by urban centres, rural areas and the natural environment to form a thriving economy based on food production, tourism, manufacturing and services…." A regional priority is "support the visitor economy by leveraging the natural beauty of the area”. This Planning Proposal is consistent with this regional priority. Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan? The former Greater Taree City Council prepared a Community Plan for the Local Government Area that outlines the key objectives that the community wishes to achieve between the years 2010 and 2030.
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
12 The Manning Valley Community Plan covers a wide range of issues including: social needs, environmental management, land use, community infrastructure and opportunities for economic development. Strategy 17 of the Plan is to ensure adequate provision of appropriately zoned land that is suitable for the needs of all economic sectors of the local community. The proposed rezoning will help achieve the appropriate zoning over the subject land that will meet the needs of the tourist sector of the local economy. Strategy 18 of the Plan is to expand job opportunities through the growth of existing businesses, and encourage new businesses to establish or relocate. The proposed 30% residential permanency will provide more certainty for income to the existing tourist facilities and assist in enabling the expansion of the development to build the approved developments on the subject land. This will have the added benefit of expanding job opportunities. Strategy 19 of the Plan is to provide a broad and skilled local workforce. The certainty for the developments on the site will assist in providing tourist opportunities for the region and in turn provide tourist related job opportunities. Such job skills will assist in the achievement of Strategy 19. Strategy 21 of the Plan is to ensure a wide choice of housing styles and locations, with consideration of accessibility, adaptability and affordability. The proposed 30% residential permanency will assist in achieving this in the Hallidays Point locality by providing for greater housing choice that will include more accessible and affordable housing. This Planning Proposal is consistent with the key objectives of the Manning Valley Community Plan in that it will enable the achievement of sustainable economic development of the land that will result in positive community benefits.
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
13 Figure 6 – Mid North Coast Regional Strategy Map
Is the planning proposal consistent with applicable state environmental planning policies?
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
14 This Planning Proposal is considered to be consistent with applicable state environmental planning policies. The NSW Coastal Policy (NSW Government,1997) sets the direction for coastal zone management, planning and conservation in NSW. This policy is also supported by the introduction of State Environmental Planning Policy No 71 – Coastal Protection (SEPP 71). The site is located within the coastal zone and accordingly SEPP 71 is applicable to the proposed development. The objective of State Environmental Planning Policy No. 71 - Coastal Protection (SEPP 71) is to further the implementation the NSW Coastal Policy (1997). State Environmental Planning Policy Number 71 (SEPP 71) applies to the land. Clause 7 of the SEPP 71 states that the matters for consideration set out in Clause 8 should be taken into account by a council, when it prepares a draft local environmental plan that applies to land to which this Policy applies. These matters are considered in Table 4.1.
Table 4.1 - SEPP 71 Requirements Clause
Matter for Consideration Comments Clause 2 - 1(a) to protect and manage the natural, cultural, recreational and economic attributes of the New South Wales coast. The Planning Proposal effectively manages the natural, cultural, recreational and economic attributes of the subject land.
Clause 2-1(b)
to protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore. The Planning Proposal will provide for access to the coastal foreshore by committing to a Planning Agreement in which a 5m strip of land adjacent to the eastern boundary of the land for the entire frontage will be dedicated to Council. Other commitments include a monetary contribution (TBD) for the construction of a 3m wide concrete pathway within this 5m strip that will provide future public access, and fencing to control access to the coastal area.
Clause 2-1(c) to ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent that this is compatible with the natural attributes of the coastal foreshore. The Planning Proposal will provide for access to the coastal foreshore by committing to a Planning Agreement in which a 5m strip of land adjacent to the eastern boundary of the land for the entire frontage will be dedicated to Council. Other commitments include a monetary contribution (TBD) for the construction of a 3m wide concrete pathway within this 5m strip that will provide future public access, and fencing to control access to the coastal area. Clause 2 -1(d) to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge. The Planning Proposal will not adversely affect any Aboriginal places, values, customs, beliefs and traditional knowledge. Clause 2- 1(e) to ensure that the visual amenity of the coast is protected. A Visual Impact Assessment of the potential future development of Lot 17 DP 576415 concludes that the visual amenity of the coast is protected.
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
15 Table 4.1 - SEPP 71 Requirements Clause Matter for Consideration Comments Clause 2 -1(f) to protect and preserve beach environments and beach amenity. The Planning Proposal will not adversely affect beach environments. A Visual Impact Assessment of the potential future development of Lot 17 DP 576415 concludes that the beach amenity is protected. Clause 2–1(g) to protect and preserve native coastal vegetation. The Planning Proposal will provide for access to the coastal foreshore by committing to a Planning Agreement in which a 5m strip of land adjacent to the eastern boundary of the land for the entire frontage will be dedicated to Council. Other commitments include a monetary contribution (TBD) for the construction of a 3m wide concrete pathway within this 5m strip that will provide future public access, and fencing to control access to the coastal area. Clause 2-1(h) to protect and preserve the marine environment of New South Wales. The Planning Proposal will not adversely affect the marine environment. Clause 2-1(i) to protect and preserve rock platforms, and to manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of
The Planning Proposal will not adversely affect any rock platforms. Clause 2-1(j) to ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area.
A Visual Impact Assessment of the potential future development of Lot 17 DP 576415 concludes that type, bulk, scale and size of any future development will protect the natural scenic quality of the surrounding area. The design of any future development can incorporate natural features that will lead to an improvement in the scenic quality of the surrounding area. Clause 2-1(k) to encourage a strategic approach to coastal management. The Planning Proposal is consistent with the future strategic approach for the locality. Clause 8 (b) existing public access to and along the coastal
foreshore for
pedestrians or persons with a disability should be retained and, where possible, public access to The Planning Proposal will not adversely affect public access to and along the coastal foreshore for pedestrians or persons with a disability. The Planning Proposal will provide for access to the coastal foreshore by committing to a Planning Agreement in which a 5m strip of land adjacent to
LOT 17 DP 576415, 391 DIAMOND BEACH ROAD, DIAMOND BEACH, NSW
16 Table 4.1 - SEPP 71 Requirements Clause Matter for Consideration Comments and along the coastal foreshore for pedestrians or persons with a disability should be improved. the eastern boundary of the land for the entire frontage will be dedicated to Council. Other commitments include a monetary contribution (TBD) for the construction of a 3m wide concrete pathway within this 5m strip that will provide future public access, and fencing to control access to the coastal area. Clause 8 (c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability. The Planning Proposal will provide for access to the coastal foreshore by committing to a Planning Agreement in which a 5m strip of land adjacent to the eastern boundary of the land for the entire frontage will be dedicated to Council. Other commitments include a monetary contribution (TBD) for the construction of a 3m wide concrete pathway within this 5m strip that will provide future public access, and fencing to control access to the coastal area. Clause 8 (d) the suitability of development given its type, location and design and its relationship with the surrounding area A Visual Impact Assessment of the potential future development of Lot 17 DP 576415 concludes that it is suitable with development in the surrounding area. Clause 8 (e) any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore. The Planning Proposal will not adversely affect the amenity of the coastal foreshore or lead to overshadowing or loss of views from a public place. Clause 8 (f) the scenic qualities of the New South Wales coast, and means to protect and
improve these
qualities. A Visual Impact Assessment of the potential future development of Lot 17 DP 576415 concludes that the scenic qualities of the New South Wales coast will be protected. Clause 8 (g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats. Any habitat areas on the subject land are proposed to be zoned E2 Environmental Conservation and will be protected. Clause 8 (h) measures to conserve fish (within the meaning of Part 7A of the Not Applicable.
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